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Law of Transgender Rights in India
How the rise of HIV in India resulted in government protections for gay groups, transgender people, and sex workers This original ethnographic research explores the relationship between the HIV/AIDS epidemic and the rights-based struggles of sexual minorities in contemporary India. Sex workers, gay men, and transgender people became visible in the Indian public sphere in the mid-1980s when the rise of HIV/AIDS became a frightening issue. The Indian state started to fold these groups into national HIV/AIDS policies as “high-risk” groups in an attempt to create an effective response to the epidemic. Lakkimsetti argues that over time the crisis of HIV/AIDS effectively transformed the relationship between sexual minorities and the state from one that was focused on juridical exclusion to one of inclusion. The new relationship then enabled affected groups to demand rights and citizenship from the Indian state that had been previously unimaginable. By illuminating such tactics as mobilizing against a colonial era anti-sodomy law, petitioning the courts for the recognition of gender identity, and stalling attempts to criminalize sexual labor, this book uniquely brings together the struggles of sex workers, transgender people, and gay groups previously studied separately. A closely observed look at the machinations behind recent victories for sexual minorities, this book is essential reading across several fields.
Examines the colonial and postcolonial governance of gender and sexuality through the history of transgender Hijras in north India.
The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.
In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination.
This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy – notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.
This volume presents an integrated collection of essays around the theme of India’s failure to grapple with the big questions of human rights protections affecting marginalized minority groups in the country’s recent rush to modernization. The book traverses a broad range of rights violations from: gender equality to sexual orientation, from judicial review of national security law to national security concerns, from water rights to forest rights of those in need, and from the persecution of Muslims in Gulberg to India’s parallel legal system of Lok Adalats to resolve disputes. It calls into question India’s claim to be a contemporary liberal democracy. The thesis is given added strength by the authors’ diverse perspectives which ultimately create a synergy that stimulates the thinking of the entire field of human rights, but in the context of a non-western country, thereby prompting many specialists in human rights to think in new ways about their research and the direction of the field, both in India and beyond. In an area that has been under-researched, the work will provide valuable guidance for new research ideas, experimental designs and analyses in key cutting-edge issues covered in this work, such as acid attacks or the right to protest against the ‘nuclear’ state in India.
While medical identification and treatment of gender dysphoria have existed for decades, the development of transgender as a “collective political identity” is a recent construct. Over the past twenty-five years, the transgender movement has gained statutory nondiscrimination protections at the state and local levels, hate crimes protections in a number of states, inclusion in a federal law against hate crimes, legal victories in the courts, and increasingly favorable policies in bureaucracies at all levels. It has achieved these victories despite the relatively small number of trans people and despite the widespread discrimination, poverty, and violence experienced by many in the transgender community. This is a remarkable achievement in a political system where public policy often favors those with important resources that the transgender community lacks: access, money, and voters. The Remarkable Rise of Transgender Rights explains the growth of the transgender rights movement despite its marginalized status within the current political opportunity structure.
"Human rights in relation to sexual orientation and gender identity are at last reaching the heart of global debates. Yet 78 states worldwide continue to criminalise same-sex sexual behaviour, and due to the legal legacies of the British Empire, 42 of these - more than half - are in the Commonwealth of Nations. In recent years many states have seen the emergence of new sexual nationalisms, leading to increased enforcement of colonial sodomy laws against men, new criminalisations of sex between women and discrimination against transgender people. [This book] challenges these developments as the first book to focus on experiences of lesbian, gay, bisexual, transgender and intersex (LGBTI) and all non-heterosexual people in the Commonwealth. The volume offers the most internationally extensive analysis to date of the global struggle for decriminalisation of same-sex sexual behaviour and relationships."--Abstract, website.
According to some estimates, there are around 20 to 60 million people with disability in India. For long this invisible minority went without any kind of protection or even legislation aimed at recognizing their basic rights. It was only in 1995 that the government passed the Persons with Disabilities (PWD) Act, which addressed the issues of non-discrimination, right to equal opportunity, and affirmative action for persons with disabilities for the first time. This book is a critical and comprehensive analysis of the PWD Act. It examines the Act from a historical perspective, giving an overview of the various legal approaches towards addressing disability-related discrimination. The author critically examines the various provisions of the Act—the definition of disability, affirmative action, equal opportunities in education, reservation in employment, and implementation. The volume also offers an international perspective on disability law by comparatively analysing Indian disability law with international jurisprudence. Taking into account the judgments of the Supreme Court and various high courts, it presents a forward thinking interpretation of the Act in light of the UN Convention on the Rights of Persons with Disabilities which India has ratified.